"ON THE STATUS OF JUDGES AND PROSECUTORS IN THE REPUBLIC OF ALBANIA "   |   96/2016

Article 45: Magistrates in a Mobility Scheme

1Magistrates from all levels with at least one year experience in the function may apply for secondments to a position in a mobility scheme established at the Council.

2A magistrate may serve in a mobility scheme for a period not exceeding 5 years.

3A magistrate applying for a position in a mobility scheme must sign a form for consent to be assigned to any court or prosecution office.

4Based on the needs of a court or prosecution office, the Council shall assign a magistrate in the mobility scheme:

ato any position of the same level or any other level, for which the magistrate meets the requirements;

bto a position at the special court for adjudicating the criminal offences of corruption and organised crime or Special Prosecution Office, if the candidate fulfils the criteria according to Article 47 of this Law and gives the consent according to paragraph 3 Article 47 of this Law.

5Pending assignment to a court or prosecution office, under the provisions of this Article, a magistrate in the mobility scheme shall serve in the administrative structure of the Councils.

6The chairperson of a court or a prosecution office is entitled to request the Council to assign a magistrate for a certain period from the mobility scheme to the respective court or prosecution office, by providing also the reasons for the need for assigning the magistrate and the required time period.

7The Council shall evaluate the application within 3 days upon its receipt. In case the Council acknowledges the need at the respective court or prosecution office, it shall assign the magistrate from the mobility scheme by taking into account:

ameeting the requirements for the respective position;

bher/his availability;

cspecial professional experience of the magistrate;

çequal share of assignments of the magistrates in the mobility scheme to distant courts and prosecution structures.

8Each Council shall establish more detailed rules for criteria and procedure for the selection of magistrates as in the period of service under the mobility scheme.

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